United States of America: Introduced Health and Location Data Protection Act banning the selling of health and location data

On 15 July 2022, the Health and Location Data Protection Act (S.4408) banning data brokers from selling health and location data was introduced in the United States Senate by Senator Elizabeth Warren (D-Mass.).The Bill defines health data as any information relating to an individual health condition and as a “search for, attempt to obtain, or receipt of any health services”. Firstly, the Bill would prohibit the transfer and sale of an individual's location and health data. Secondly, it would mandate the Federal Trade Commission (FTC) to issue rules implementing the act, including clarifications regarding the types of data that data brokers are allowed to collect. Furthermore, it would empower the FTC, state attorneys general and individuals to sue actors that don’t comply with the Act. Finally, in the case of non-compliance, actors face a civil penalty of up to 15% of their annual turnover.